Patten v. Powell

This case has been submitted on a motion to dismiss the appeal, on the ground that the sureties of the defendants have not been made parties to the appeal.

The suit was commenced by attachment, and the defendants appeared and released the property seized by the Sheriff under the writ, by giving bond and security in pursuance of law. They afterwards took a rule on the plaintiffs to show cause why the attachment should not be dissolved; the rule was made absolute, and the plaintiffs appealed from the interlocutory decree dissolving the attachment, without making the sureties parties to the…